Good day. I recently moved into a home that has a voluntary HOA. My husband and I went to the 1st HOA meeting and of course were vocal in our questions and concerns. This got me elected by my fellow residents to the V.P interim for 2014 and President for 2015 during the next meeting (election meeting).

Our covenants and bylaws were done in 4 phases 20-22 years ago. Both are in dyer need of amending and updating. However, the covenants state that a 90% approval of owners are needed to make amendments.

Problem being, 20% of our homes are currently in trusts, foreclosure or just been abandoned at this time. Another 15% are renters and we are trying our best to track down all the owners.

With the HOA being voluntary is there any loopholes? It doesn't say 90% of HOA members... however, could it be construed as 90% of the participating owners for us to get this this amended?

We reside in Florida.

TY for your time
LTG

You need an attorney to review the provisions. The HOA should have an attorney on retainer. If the by-laws specify owners, then you need 90% of owners. If it says members, then you only need members.

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Problem being, 20% of our homes are currently in trusts, foreclosure or just been abandoned at this time. Another 15% are renters and we are trying our best to track down all the owners.
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is there any loopholes? It doesn't say 90% of HOA members... however, could it be construed as 90% of the participating owners ...
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The HOA was probably set up as a non-profit corporation. You might want to see if this corporation is in good standing (having filed it's required reports, etc.) Check here: Search By Entity Name (http://search.sunbiz.org/Inquiry/CorporationSearch/ByName)

But no, chances are that you need 90% of the owners (or the owners of 90% of the lots). Check the county tax records to find the mailing address for each owner.